Montana Code 60-5-104. Powers of highway authorities
60-5-104. Powers of highway authorities. (1) Those authorities of the state, counties, and municipalities authorized to participate in construction and maintenance of highways may plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide controlled-access facilities for public use. Each authority shall by resolution make the findings and determinations provided for in 60-5-103 in order to designate a highway as a controlled-access facility.
Terms Used In Montana Code 60-5-104
- authority: means the entities in state, county, and municipal governments that have authority to construct, repair, and maintain highways, roads, and streets. See Montana Code 60-5-102
- Controlled-access facility: means and includes streets, alleys, public roads, private roads, and ways of passage intersecting a controlled-access highway and real property contiguous to the right-of-way of a controlled-access highway. See Montana Code 60-5-102
- Devise: To gift property by will.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The highway authorities of the state, counties, incorporated cities, and towns, respectively or in cooperation each with the other, may acquire private or public property and property rights for controlled-access highways or controlled-access facilities and service roads. The property rights may include rights of access, air, view, and light. The property and property rights may be acquired by gift, devise, purchase, or condemnation, as provided in Title 70, chapter 30, and chapter 4 of this title, for the acquisition of property or property rights in connection with highways, roads, and streets in their respective jurisdictions.
(3)Within incorporated cities and towns and upon county roads or secondary highways, the department of transportation may not control access without the consent of the appropriate governing body.
(4)Each authority may also exercise with relation to controlled-access facilities any current or future authority it has over highways, roads, or streets within its jurisdiction. Each authority may, within its jurisdiction, regulate, restrict, or prohibit the use of controlled-access facilities by any vehicles or traffic.